MAGISTRATE'S COURT.

Taranaki Daily News, 5 October 1920, Page 6

MAGISTRATE'S COURT.

YESTERDAY'S SITTING. The ordinary sitting of the Magistrate's Court, New Plymouth, was held yesterday, Mr. T. A. B. Bailey, S.M., presiding. TENEMENT CASES. C. H. Smith and T. Fawcett (Mr. H. R. Billing) proceeded against H. M. Thomson (Mr. A. A. Bennett) for possession of a house which had been sold and in respect of which the agreement stipulated vacant possession.

Evidence was given by the purchaser,' Cliff, that he required the house for the use of himself, wife and child, and also his mother and three sifters. It was essential for the health of his mother that she should leave the present house in Avenue Road. He had offered Thomson the use of tha's house. Thomson had made him an offer of one room in the other house, but this was of no value to him. He had bought the house under the returned soldiers' settlement scheme.

The defence contended that the place offered by Cliff was too far away, as his daughter and niece had to attend the night classes at the Technical School. At the time the notice to quit was given, defendant was negotiating in connection with the erection of a house, and the contract was now let; he hoped to get possession in December. There had previously been a delay in negotiations, as the plans had to be altered to suit the Advances to Settlers' Department, from whom he was receiving assistance. He had a wife (who was in bad health) and five children, and had also living with him his sister and her husband and their child, whom he had nominated under the immigration scheme. They had been unable to set a house on ' arrival from England.

Mr. Billing submitted the plaintiff was entitled to an order, as the only excuse Foemed to b e that defendant was not willing to inconvenience himself for two or three months. His Worship said he did not feel disposed to make an order at present. It was not proper that the girls should have to go a considerable distance alone at night after leaving school. % The case was adjourned till November Sth. LAND AGENTS' COMMISSION. Reserved decision was given by His Worship in the case of Gilmour and Clarice v. F. Brenmuhl, being a claim for £4O for commission on the sale of a house. At the hearing evidence for the defence was called to show that the purchaser had first heard of the property from Brenmuhl himself, and that the property was also brought under notice of the buyer by two persons prior to Gilmour. His Worship said he was not satisfied that the plaintiffs' act was an efficient cause of the sale, and under the circumstances they were not entitled to succeed. Judgment would therefore be given for the defendant, with costs.

Security for appeal was fixed.

The plaintiffs were represented by Mr. •E. H. Quilliam, and Mr. F. E. Wilson appeared for defendant. MISCELLANEOUS. Judgment by default was given for plaintiff in the following cases: HallenFtein Bros. (Mr. Quilliam) v. Julian Johnson, £3 19s fid, costs £1 10s 6d; J. S. Fox v. Turoa Knhikura, claim £l6 10s Gd, debtor ordered to pay amount forthwith, in default 10 days' imprisonment; W. Seamark (Mr. "S. W. Fitzherbert) v. To Aim Tutenhakaiho, £O, costs £2 4s 6d; Stainton, Ltd. (Mr. A. C. Lawrey) v. Jamea Dunlop, £7 2s, costs £1 10s fid: George Pickard v. J. If. Graham, £4 7s, costs 18s Cd. Judgment summonses were dealt with as follows: Red Post Furnishing Co. (Mr. Bennett) v. Bruce Joll. No appearance of debtor, who was ordered to pay the amount forthwith, in default 18 days' imprisonment. A claim for £B. for a quantity of hay wrongfully removed from plaintiff's property, was made by Evan Haine (Mr. Quilliam) against A. Fowler (Mr. Billinß).

After considerable evidence plaintiff was non-suited.